Allowed

Salman Faris v. the State of Kerala

Kerala HC25 Feb 2020Crl.MC/1072/2020

Case brief

AI extract

What is this about?

Petitioner sought quashing of criminal proceedings under IPC sections based on amicable settlement between parties and lack of criminal antecedents. Court granted quash order, dismissing proceedings against petitioners and discharging accused under Section 482 Cr.P.C.

What did the court decide?

Criminal proceedings against petitioners in CC No.814/2018 were quashed under Section 482 Cr.P.C. and accused were discharged.

Salman Faris Vs the State of Kerala — Quashing and FIR | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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TUESDAY, THE 25TH DAY OF FEBRUARY 2020 / 6TH PHALGUNA, 1941

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Crl.MC.No.1072 OF 2020(D)

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AGAINST THE ORDER/JUDGMENT IN CC 814/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD

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CRIME NO.203/2016 OF VIDYA NAGAR POLICE STATION , Kasaragod

PETITIONER/S:

1 SALMAN FARIS

AGED 43 YEARS

S/O. ABDULLA, RESIDING AT BISMILLA MANZIL, HIDAYATH NAGAR, KASARAGOD, KASARAGOD TALUK, KASARAGOD DISTRICT

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2 ABU @ MUHAMMED ABBAS,

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AGED 26 YEARS

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S/O. P.A. MAMMU, RESIDING AT SHAMMENA MANZIL, HIDAYATH NAGAR, KASARAGOD, KASARAGOD TALUK, KASARAGOD DISTRICT

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3 JALEEL @ ABDUL JALEEL.P.A.

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AGED 40 YEARS

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S/O. ABOOBACKER, RESIDING AT AYISHA MANZIL, HIDAYATH NAGAR, KASARAGOD, KASARAGOD TALUK, KASARAGOD DISTRICT

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4 FAROOK @ UMARUL FAROOK AGED 25 YEARS

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S/O. ABDULLA HAJI,RESIDING AT RISHAD MANZIL, HIDAYATH NAGAR, KASARAGOD, KASARAGOD TALUK, KASARAGOD DISTRICT

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BY ADVS.

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SRI.T.MADHU SMT.C.R.SARADAMANI

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031

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2 THE STATION HOUSE OFFICER HIDYANAGAR POLICE STATION, KASARAGOD DISTRICT-671 121

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3 ABOOBACKER K.A. AGED 44 YEARS

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Crl.MC.No.1072 OF 2020(D) 2

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S/O.ABDULLA, RESIDING AT KODIYIL HOUSE, HIDAYATH NAGAR, MADHUR VILLAGE,HIDAYATH NAGAR P.O., KASARAGOD TALUK, KASARAGOD DISTRICT

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4 SADIQUE @ MUHAMMED SADIQUE AGED 30 YEARS S/O. K.M.ABBAS, HIDAYATH NAGAR, MADHUR VILLAGE,HIDAYATH NAGAR P.O., KASARAGOD TALUK, KASARAGOD DISTRICT

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R3-R4 BY ADV. SUBASH BOZZ V.M. ADV. SUBASH BOZZ

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OTHER PRESENT:

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SRI RAMESH CHAND-P P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.1072 OF 2020(D) 3

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O R D E R

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Dated this the 25th day of February 2020

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Petitioners are accused Nos.1 to 3 and 5 in Crime No.203/2016 of Vidyanagar Police Station, which is pending on the files of the Judicial First Class Magistrate Court-II, Kasaragod as CC No.814/2018 for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324 r/w Section 149 of IPC. The 4^th accused is not the petitioner herein.

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The de facto complainant and injured are respondents 3 and 4, have appeared through counsel and filed affidavits to the effect that the matter has been amicably settled as against the petitioners alone. A report to that effect has also been obtained from the investigating officer. The petitioners do not have any criminal antecedents. There is no public interest involved.

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In the result, the Crl.M.C is allowed and the entire proceedings as against the petitioners in CC No.814/2018 on

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Crl.MC.No.1072 OF 2020(D) 4

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the files of the Judicial First Class Magistrate Court-II, Kasaragod stands quashed under Section 482 of Cr.P.C. and

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the accused are discharged.

Sd/-

ASHOK MENON

JUDGE

rmm

Crl.MC.No.1072 OF 2020(D) 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE-A1 THE TRUE CERTIFIED COPY OF THE FIR DATED 17.5.2016 IN CRIME NO.203/2016 OF VIDYANAGAR POLICE STATION ANNEXURE-A2 THE TRUE CERTIFIED COPY OF THE FINAL REPORT DATED 15.9.2017 IN CRIME NO.203/2016 OF VIDYANAGAR POLICE STATION ANNEXURE-A3 THE AFFIDAVIT DATED 28.1.2020 SWORN IN BY THE THIRD RESPONDENT ANNEXURE-A4 THE AFFIDAVIT DATED 28/1/2020 SWORN IN BY THE FOURTH RESPONDENT

Salman Faris v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Salman Faris v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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